FILE:  GAMEA

Cf:  GAMD, GAMEB

 

ALCOHOL AND DRUG TESTING PROCEDURES

 GENERAL EMPLOYEES

 

 

Employees of the Caldwell Parish School Board shall be explicitly prohibited from unlawful manufacturing, making, distributing, dispensing, selling, possessing or using controlled substances or alcohol in the workplace.  Controlled substances are defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812) and further defined by federal regulations 21 CFR 1308.11 through 1308.15 and includes those substances described as Controlled Dangerous Substance by Louisiana law.  The workplace is any Caldwell Parish School Board property or other site where work is performed by employees of the Board, whether owned, leased, or used by the school system, at any school sponsored or supervised activity, in any Board owned, leased, or used vehicle in the course of Board employment, including any school bus, or any employee workplace. 

 

As a condition of employment, the employee shall:

 

  1. Abide by the terms of the Board's Drug-Free Workplace Policy;
     

  2. Notify the Caldwell Parish School Board Personnel Department of any criminal controlled drug statute conviction of the employee no later than five (5) days after such conviction.
     

  3. Immediately notify the Caldwell Parish School Board Personnel Department of any violation of the Caldwell Parish School Board Drug and Alcohol Policy by the employee or by others.
     

  4. Upon request, an employee shall present himself/herself to a Board approved testing facility for a certified urinalysis for substance abuse or blood or other test for alcohol abuse and make the results available to the Caldwell Parish School Board Personnel Department. The Board shall pay the reasonable cost for the drug or alcohol testing.  If the test results are positive, the employee shall be in violation of this policy.  If the employee fails to be present for testing upon reasonable request, the employee shall be in violation of this policy.
     

  5. Prospective employees shall be tested for substance abuse and shall upon request, the prospective employee shall present himself/herself to a Board approved testing facility for a certified urinalysis for substance abuse and make the results available to the Caldwell Parish School Board Personnel Department.  The Board shall bear the reasonable cost of this test.  If the test results are positive, the prospective employee shall not be employed.

 

EMPLOYEES IN SAFETY-SENSITIVE AND SECURITY-SENSITIVE POSITIONS

 

Employees of the Caldwell Parish School Board who hold safety and security sensitive positions including, but not limited to, those who work with power equipment, toxic or dangerous chemicals, drive Caldwell Parish School Board vehicles, transport students in buses or vans or receive compensation/reimbursement from the Caldwell Parish School Board for the use of a personal vehicle while on school business shall be subject to alcohol and drug testing.  Employees in safety-sensitive or security-sensitive positions shall include:

 

  1. Any employee or contracted person operating a public or contracted vehicle.
     

  2. One who transports children or employees in a vehicle.
     

  3. Any employee or contracted person using or operating tools, equipment, or machinery that may place that person or others in a dangerous situation.
     

  4. Any employee who may at any time during their described duties be required to perform duties that are safety-sensitive or security-sensitive.
     

  5. Any employee who may be required to handle drugs or weapons.
     

  6. Any employee involved in any way with food preparation.

 

TESTING

 

As a condition of continued employment, the Caldwell Parish School Board may require samples from a school system employee for alcohol/drug testing in the following circumstances:

 

  1. When an employee is involved in any accident during the course and scope of his or her employment and alcohol or drugs are suspected to have contributed to the cause of the accident;
     

  2. Under other circumstances which result in reasonable suspicion that drugs are being used by the employees;
     

  3. As part of a monitoring program, to assure employee compliance with a rehabilitation or treatment agreement;
     

  4. In connection with any required periodic medical exams;
     

  5. As part of program of random drug testing of designated employees who occupy safety-sensitive or security-sensitive positions.

 

In addition, when an employee is injured as a result of a job-related accident and who after alcohol/drug testing is determined to be intoxicated under the standards set forth in La. Rev. Stat. Ann. §§23:1081 or the employee refuses to immediately submit to such testing, then in accordance with state law such employee shall be presumed to be intoxicated at the time of the accident and may be denied workers' compensation benefits in addition to any other authorized action.

 

It shall be the responsibility of the Coordinator of Drug Education and/or Supervisor of Transportation to coordinate and maintain the proper procedures for drug testing.  No employee shall be tested without their consent.  Failure to report for drug or alcohol testing upon reasonable request is a violation of this policy and the Superintendent shall recommend termination of anyone who refuses to test.

 

It shall be the responsibility of an employee to report to the sample collector before the drug testing, any medication (prescription or over-the-counter) which might adversely influence the results of the drug test.

 

No adverse action shall be taken against any employee based on a confirmed positive testing result if the employee demonstrates reasonable doubt as to either the accuracy or the result of the chain of custody of the sample.

 

SAMPLE COLLECTION

 

Direct observation of the employee during collection of the urine specimen is not allowed except under the following circumstances:

 

  1. There is reason to believe that the individual may alter or substitute the specimen to be specified.
     

  2. The individual has provided a urine specimen that falls outside the acceptable temperature range as listed in the NIDA guidelines.
     

  3. The last urine specimen provided by the individual was verified by the medical review officer as being adulterated based upon the determinations of the laboratory.
     

  4. The collection site person observes conduct indicating an attempt to substitute or adulterate the sample.
     

  5. The individual has previously been determined to have a urine specimen positive for one or more drugs, and is being tested for purposes of follow-up testing upon or after return to service.
     

  6. The type of drug testing is post-accident or reasonable suspicion/cause.

 

All direct observations shall be conducted by a same gender collection site person.  A designated representative of the Caldwell Parish School Board shall review and concur in advance with any decision by the collection site person to obtain a specimen under direct observation.

 

REHABILITATION

 

Employees not terminated for violation of this policy may be required to participate in drug or alcohol rehabilitation programs.  These employees shall be referred to the Drug Education Supervisor's employee assistance program, which may assess treatment progress with further drug or alcohol monitoring.  Continued employment shall be contingent upon drug and alcohol abstinence to deter relapse.  Monitoring for the presence of drug or alcohol use shall be frequent, unannounced, and with urine specimens collected under direct observation.  Blood, saliva, and/or urine may be used for monitoring drug or alcohol use.  Other than follow-up drug and alcohol testing, the Board shall have no financial responsibility for any employee's rehabilitation program.

 

CONTRACTORS AND SUBCONTRACTORS    

 

The Caldwell Parish School Board Alcohol and Drug Abuse Policy applies not only to its own employees, but equally to all employees of contractors and subcontractors while in the scope of contract employment for the Board or on the premises of the Board.

 

EMPLOYER RESERVATION OF RIGHTS

 

The Caldwell Parish School Board reserves the right to amend, interpret, change, rescind, or depart from this policy in whole or part.  The employee shall be notified in writing of any such changes.  Nothing in this policy alters an employee's status.

 

Revised:  April, 2003

 

 

Ref:    49 USC 5331 (The Omnibus Transportation Employee Testing Act of 1991)

49 CFR 10 (Maintenance of and Access to Records Pertaining to Individuals)

49 CFR 40.1 et seq. (Procedures For Transportation Workplace Drug and Alcohol Testing Programs)

49 CFR 382 (Controlled Substances and Alcohol Use and Testing)

49 CFR 391 (Qualifications of Drivers and LCV Driver Instructors)

La. Rev. Stat. Ann. §§17:81, 23:1081, 23:1601, 49:1001, 49:1002, 49:1005, 49:1011, 49:1012, 49:1015

Board minutes, 3-7-00, 4-1-03

 

Caldwell Parish School Board